Uncertainty over President Yoon’s impeachment timeline as Court rules in favor of instating left-leaning justice

In a unanimous decision, the Constitutional Court ruled on Thursday that acting President Choi Sang-mok's holding back of the appointment of justice nominee Ma Eun-hyuk stands in breach of the parliament's authority to recommend court justices.

Oh Soo-young explains what this means.

The Constitutional Court has ruled that Acting President Choi Sang-mok's decision to withhold the appointment of Justice nominee Ma Eun-hyuk was unconstitutional, violating the National Assembly's authority to select Constitutional Court justices.

On Thursday, the Court announced its verdict that Choi does not have discretion to review or reject justices elected by the National Assembly, reaffirming that the legislature's selection power is independent and substantive.

Choi had appointed two out of three justices put forward by the Assembly in December last year, but deferred Ma Eun-hyuk's appointment, calling for bipartisan agreement first.

At the same time, the Court dismissed the request from the National Assembly Speaker to confirm Ma's status as a justice or order his immediate appointment, citing legal limitations.

Following the ruling, Choi is now under significant pressure to appoint Ma Eun-hyuk,.. a left-leaning judge recommended by the opposition Democratic Party.

His appointment is politically sensitive as he would be the fifth progressive justice on a nine-member bench.

Choi's office said the Acting President would "respect" the Court's decision, and would carefully look into the verdict, but couldn't comment on if or when Ma would be appointed.

If Ma is soon instated, various complications could arise in President Yoon Suk Yeol's impeachment trial, as the Court would then decide whether or not he will participate in the deliberation process.

Given that Yoon's trial hearings concluded this week, the court could exclude Ma.

Even if Ma is included, experts say he might choose to recuse himself to avoid controversy, and maintain the current eight-member bench.

But if he participates, the Court would have to decide whether Ma should conduct a brief review of trial materials,

or hold a retrial process which involves a more comprehensive examination with more hearings.

The latter could significantly delay the ruling,.. which is currently expected in mid-March.

President Yoon's legal team on Thursday strongly condemned the court's decision, calling it politically motivated, and aimed at securing a six-vote majority to uphold Yoon's impeachment.

Yoon's team raised concerns over Ma Eun-hyuk's past affiliation with progressive legal groups which they said undermines judicial neutrality.

They claim that Acting President Choi is not legally bound to appoint Ma and should conduct a thorough administrative review before making a final decision.

Oh Soo-young, Arirang News.